Charles M. Haden, Jr. and Shelley W. Haden v. Prosperity Bank

• Court: Court of Appeals of Texas
• Decided: December 7, 2023
• Docket: 01-23-00644-CV
• Status: Published

Opinion

Opinion issued December 7, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00644-CV ——————————— CHARLES M. HADEN, JR. AND SHELLEY W. HADEN, Appellants V. PROSPERITY BANK, Appellee

On Appeal from the 165th District Court Harris County, Texas Trial Court Case No. 2016-68683

MEMORANDUM OPINION

Appellants, Charles M. Haden, Jr. and Shelley W. Haden, have filed a notice

of appeal from the trial court’s June 2, 2023 final judgment. Appellants have neither

paid the required fees nor established indigence for purposes of appellate costs. See

TEX. R. APP. P. 5, 20.1; see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, Fees Charged in the Supreme Court, in Civil Cases in

the Courts of Appeals, and Before the Judicial Panel on Multi-District Litigation,

Misc. Docket No. 15-9158 (Tex. Aug. 28, 2015). On September 22, 2023, appellants

were notified that this appeal was subject to dismissal if appellate costs were not

paid, or indigence was not established, by October 23, 2023. See TEX. R. APP. P.

42.3(b), (c). Appellants did not adequately respond.

Accordingly, we dismiss the appeal for nonpayment of all required fees. See

TEX. R. APP. P. 42.3(b), (c), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Goodman, Countiss, and Farris.